Also known as: impossibility doctrine · doctrine of impossibility of performance · impossibility · impossibility of performance
Written by attorneys — see sources below.
2 senses
A rule providing that factual impossibility does not excuse liability for attempt, solicitation, or conspiracy. The defendant's culpability is measured by the circumstances as the defendant believed them to be, so long as those believed circumstances would have made the completed conduct a crime.
A defense discharging a party's contractual duties when a supervening event destroys a basic assumption on which the contract was made and renders performance impossible or frustrates its principal purpose without the fault of the party claiming discharge.
Each sense below has its own examples, sources, and questions.
A rule providing that factual impossibility does not excuse liability for attempt, solicitation, or conspiracy. The defendant's culpability is measured by the circumstances as the defendant believed them to be, so long as those believed circumstances would have made the completed conduct a crime.
Dominic Drake and Deborah Dunn agree to sell cocaine to an undercover officer they believe is a genuine buyer. Unknown to them the officer has already seized all available supply. The agreement and shared intent to commit the unlawful sale are sufficient for conspiracy liability even though completion is factually impossible.
Voters sue state officials claiming a new district map violates equal protection by diluting their votes. The court applies the six-factor test and finds no textual commitment to another branch and the presence of manageable population standards, so the political-question doctrine does not bar adjudication.
Darrell Duncan offers cash to Destiny Davis to assault a rival he believes is still at the venue. The rival had already left hours earlier. Duncan is guilty of solicitation because his culpability is measured by the facts as he believed them to be at the time of the request.
5 common questions
No. The law measures the defendant's culpability by the circumstances as the defendant believed them to be. If those believed circumstances would have made the completed act a crime, factual impossibility supplies no defense.
Supporting sources
Legal impossibility is a complete defense when, even if the defendant completed every intended act exactly as planned, the resulting conduct would not constitute a crime under governing law.
A defense discharging a party's contractual duties when a supervening event destroys a basic assumption on which the contract was made and renders performance impossible or frustrates its principal purpose without the fault of the party claiming discharge.
Dawson Steel leases a flat overlooking the coronation route for a premium price. Both parties understand the sole purpose is to view the procession. When the coronation is postponed the shared purpose is destroyed. Dawson is discharged from the duty to pay even though physical possession of the flat remains possible.
The plaintiff, Paul Krell, sued the defendant, C. S. Henry, for fifty pounds as the balance of seventy-five pounds agreed for the hire of a flat at 56A Pall Mall for the days of June 26 and 27. The parties understood that the rooms were to be used to view the coronation processions, and a deposit of twenty-five pounds was paid. Subsequently, the defendant saw an announcement that windows to view the coronation processions were to be let. He spoke to the housekeeper and agreed to take the suite for the two days. On June 20 the defendant sent a letter submitting a cheque for twenty-five pounds as a deposit and asking confirmation that he should have the entire use of the rooms during the days of June 26 and 27, with the balance of fifty pounds to be paid on June 24. The plaintiff's solicitor replied confirming the agreement. When the coronation processions did not take place on June 26 and 27, the defendant declined to pay the balance of fifty pounds and counterclaimed for the return of his twenty-five pounds deposit on the ground of total failure of consideration. Darling J. held that there was an implied condition that the procession should take place and gave judgment for the defendant. The plaintiff appealed.
1 common questions
Discharge occurs when an unforeseen event destroys a basic assumption on which the contract was made and renders performance impossible or frustrates its principal purpose without the fault of the party seeking discharge.
Supporting sources
…to adult persons in deciding how to conduct their private lives in matters pertaining to sex " (emphasis added)). The impossibility of distinguishing homosexuality from other traditional "morals" offenses is precisely why Bowers rejected the rational-basis challenge. "The law," it said, "is constantly based on notions…
…parts responsible, although the circumstances clearly pointed to such fact as the cause of the mishap. Can it be said that the impossibility of performance deprived the buyer of the benefit of the warranty? Moreover, the guaranty is against defective workmanship. That condition may arise from good parts improperly assembled. There being no…
…of the witness who signed it, if he is called and if he departs from the statement. There might be circumstances, too, where impossibility or difficulty of access to the witness or his refusal to respond to requests for information or other facts would show that the interests of justice require that such statements be made…
…by extrinsic evidence to have been assumed by the parties to be the foundation of the contract, and the event which causes the impossibility is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made. Accordingly, one must ascertain, if…
…of the act." And Mr. Justice Miller, in Davidson v. New Orleans , 96 U.S. 97-105, after showing the difficulty, if not the impossibility of framing a definition of this constitutional phrase, which should be "at once perspicuous, comprehensive, and satisfactory," and thence deducing the wisdom "in the ascertaining of the…
Devon Drake pays a witness to sign a false affidavit that he believes will support a perjury charge. The affidavit contains no material statement. Even if Devon completed every intended act, no perjury would occur, so he cannot be convicted of attempted subornation of perjury.
Dorothy Daniels loads what she believes is a working gun and pulls the trigger at her intended victim. The gun is unloaded. Her factual mistake about the gun's condition supplies no defense to attempted murder because the circumstances as she believed them would have constituted the completed crime.
Supporting sources
No. The agreement and criminal intent are sufficient even when external facts make the conspirators' ultimate objective impossible to accomplish.
Supporting sources
No. Conspirators remain liable even after the government seizes contraband or otherwise renders completion impossible.
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A court applies the six Baker factors. When none of those factors is present, including the impossibility of deciding without an initial policy determination, the case is justiciable.
Supporting sources